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1998 Rep. Advisory Comm. on Civ. Rules 1 (1998)

handle is hein.usfed/adcvru0031 and id is 1 raw text is: COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
OF THE
JUDICIAL CONFERENCE OFTHE UNITED STATES
WASHINGTON, D.C.20544
ALICEMARIE H. STOTLER                                                     CHAIRS OF ADVISORY COMMITTEI
CHAIR
WILL L. GARWOOD
PETER G. MCCABE                                                                APPELLATE RULES
SECRETARY
ADRIAN G. DUPLANTIER
BANKRUPTCY RULES
PAUL V. NIEMEYER
CIVIL RULES
W. EUGENE DAVIS
CRIMINAL RULES
FERN M. SMITH
EVIDENCE RULES
To:   Honorable Alicemarie H. Stotler, Chair, Committee on Rules of Practice and Procedure
From: Paul V. Niemeyer, Chair, Advisory Committee on Civil Rules
Date: May 18, 1998
Re:   Report of theAdvisory Committee on Civil Rules
I Introduction
The Advisory Committee on Civil Rules met at the Duke University School of Law on March
16 and 17, 1998. The Committee's deliberations focused in large part on proposals to amend the
discovery rules. These proposals are set out in the Part II recommendations for action with the
request that this Committee approve publication of the proposals for comment. Publication also is
recommended for changes in Civil Rules 4 and 12 to provide for service on the United States and
60 days to answer in an action brought against a federal officer or employee in an individual
capacity. Technical conforming amendments are recommended in Civil Rule 6(b) and Form 2. Part
M describes many other activities of the Advisory Committee for information.
H ACTION ITEMS
Rules Proposed for Publication
Discovery Rules
When I assumed responsibilities as Chair of the Civil Rules Advisory Committee, existing
proposals for change to the discovery rules had been pending for years. The American Bar
Association had suggested narrowing the scope of discovery in the 1970s and this proposal to change
Rule 26 has been the centerpiece of a more recent proposal by the American College of Trial
Lawyers. Also, members of Congress had been pressing the Committee to make changes to the
protective order rule. And finally, complaints persisted about the overall cost of discovery. In
addition, the Committee was beginning to receive the results from its 1993 experimental changes
to authorize local courts to require mandatory disclosure. To focus a project on these discovery
proposals and to attempt to put all open items to rest, I posed the following questions to the
Committee:

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